GET RIGHT WEB shall perform the services, including the Website Project, set forth in the Service Agreement (the “Services”) in accordance with the Service Agreement. The design of the website shall be in conformity with the plan outlined in the Project Proposal. The Customer will be responsible for providing direction to GET RIGHT WEB and for delivering content for website construction.
GET RIGHT WEB may elect, in its sole discretion, to exclude from the website any text, graphics, sound, or animations: (a) that might be viewed as obscene or involving any illegal activities, or which have link(s) to other website(s) having content that might be viewed as obscene or involving any illegal activities; and/or (b) that GET RIGHT WEB determines would violate any trademark rights or copyrights of any third party.
GET RIGHT WEB shall provide its customers unlimited amount of changes to the design concept at no additional charge. These changes will be covered by the initial setup fee of $35 payable during the time of registration. No additional amount shall be charged beyond this initial setup fee even if our clients decide to cancel the proposal. The initial setup fee however is non-refundable regardless.
Customer may not resell any portion of the Services to any other party without prior written permission from GET RIGHT WEB, which may be granted or withheld in GET RIGHT WEB’s sole discretion. Customer shall be solely responsible for any software and content displayed or distributed by Customer.
Depending upon the agreement made in the proposal, Designing fees will be applicable as a one-time charge that will be only upon the clients consent. The Designing fees once paid are non-refundable.
Hosting & Maintenance
Upon the completion of the design, GET RIGHT WEB will host and maintain the website for the first month complimentary [subject to personalized contractual agreement]. The client may then wish to either enter into a yearly contract with GET RIGHT WEB from the second month onwards for an annual fee mentioned in the proposal. Or the customers might also simply take the design and host it somewhere else. Website files for hosting transfer will only be sent after the complete payment for the design has been made.
If Customer fails to comply with any material provision of this Agreement, including, but not limited to, failure to make payment as specified, then GET RIGHT WEB may elect to terminate or suspend all or any part of the Services upon notice to Customer. GET RIGHT WEB may also pursue any other remedies and claims against Customer as may be provided at law or in equity, and GET RIGHT WEB shall be entitled to recover its related legal expenses, including reasonable attorneys’ fees, from Customer.
Customer may terminate any or all Recurring Services before the end of the term selected by Customer in the Service Agreement with thirty (30) days prior written notice to GET RIGHT WEB. Upon such termination, GET RIGHT WEB shall return to Customer any portion of the annual fee paid by Customer applicable to the remainder of the term, less all sums due from Customer to GET RIGHT WEB; provided, however, that all equipment installment fees are non-refundable. Upon the termination of the Service Agreement for any reason, GET RIGHT WEB may delete any of your archived data.
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause(s) or condition(s) that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.
The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.
Choice of Law; Exclusive Jurisdiction & Venue
This agreement shall be construed and enforced according to the laws of Georgia. Any action in regard to the Service Agreement or arising out of its terms and conditions shall be instituted and litigated in the State of Georgia or federal courts located in Fulton County, Georgia, and in no other, and the parties submit to the exclusive jurisdiction and venue of such courts.
The provisions of the Service Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and permitted assigns.
Customer may not assign the Service Agreement or the rights and obligations thereunder to any third party without the prior express written approval of GET RIGHT WEB. GET RIGHT WEB reserves the right to assign its rights hereunder to any party and to delegate its obligations hereunder to subcontractors.
The failure of either party to enforce at any time or for any period of time the terms of the Service Agreement shall not be construed as a waiver of such terms or the right of such party thereafter to enforce each term contained herein. Any waiver by either party must be in writing signed by such party. No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
The Service Agreement constitutes the entire understanding of the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to the Service Agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANYLOST PROFITS, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF THE CLAIM.IN NO EVENT SHALL SWG BE HELD LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY CUSTOMER HEREUNDER.
DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, SWG HEREBY DISCLAIMS ALL WARRANTIES OF EVERY NATURE, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE, AND SWG DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. SWG MAKES NO WARRANTY AS TO TRANSMISSION OR SPEEDS OF THE NETWORK. SWG MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
DISCLAIMER FOR REFUNDS
THE SERVICES PROVIDED BY GET RIGHT WEB ARE WITH IT’S THE BEST EFFORTS. ANY PAYMENT MADE INTERMS OF DESIGNING OR HOSTING & MAINTENANCE ARE ONLY AFTER TRIAL. THUS ANY PAYMENT(S) MADE TO GET RIGHT WEB IS/ARE ONLY AFTER THE CONSUMPTION OF THE SERVICES AND ARE THEREFORE NON-REFUNDABLE.